Does EPLI Cover Sexual Harassment?

Triple-I identifies sexual harassment as a common EPLI allegation. Whether a particular complaint triggers coverage depends on the policy’s definitions of a claim and wrongful employment practice, the claimant’s status, the alleged conduct, dates, notice, and applicable exclusions. A Travelers sample form specifically defines sexual harassment and includes it in its wrongful-employment-practice definition, but another insurer’s form may differ. Some policies also distinguish employee claims from harassment or discrimination alleged by customers or other nonemployees, which may require third-party coverage. Check the declarations and endorsements for that extension, limits, retention, defense control, and claim-reporting conditions. Preserve complaint records and notify the insurer as the policy requires.